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  1. #1
    Join Date
    Sep 2007
    Posts
    2

    Default Help With H1 and H4 Visa Issues

    Can you please advise on my problem.

    I had H1B valid from 2005 to 2008. In June 2006, i stopped working and
    i delayed for few months before converting to H4. In the meantime, my company revoked my H1B in july/Aug 2006 and so i got RFE on H4. Then My lawyer advised me to go to India for filing H4 stamp which i did in Oct 2006.

    Now i have job offer from a company and i wanted to apply H1B through them. My questions are:

    Do I come undee h1b cap as my previous h1 got revoked?

    1.Will there be problem with my H1B approval, considering my H1 is revoked before i converted to H4?

    2. If H1B is approved, will I get I94 attached at the bottom that indicates change of status?

    3. If H1B is not approved, can i stay back in US with my valid H4 stamp in the passport

    I appreciate your help.

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Help With H1 and H4 Visa Issues

    You do not have an H-1B visa, so you have to qualify for any new visa under the cap (or get a job with a cap-exempt entity). I'm not going to speculate as to the effect of any period when you may have been out-of-status; you had a lawyer advising you at that time, so ask your lawyer.

    If you have a valid H4, your application for an H-1B shouldn't affect it. If you get a new H-1B visa, and are presently outside of the U.S., I would expect you to get a new I-94 when you enter the United States. If you are inside the U.S., I expect that your H1 approval notice will include an I-94 portion with validity dates; if not, you again need to get a new I-94 at a port or entry.

  3. #3
    Join Date
    Sep 2007
    Posts
    2

    Default Re: Help With H1 and H4 Visa Issues

    I did maintain a valid H1B status in the past and i came under 2005 H1B cap. Do I still come under the quota?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Help With H1 and H4 Visa Issues

    It's no longer 2005, and you no longer have an H-1B visa from that year or any other.
    Quote Quoting Mr. Knowitall
    View Post
    You do not have an H-1B visa, so you have to qualify for any new visa under the cap (or get a job with a cap-exempt entity).

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